Latest update April 2nd, 2025 8:00 AM
Aug 19, 2024 News
Kaieteur News – Guyana is on the path to having a law which caters for greater access to information by citizens with the tabling of the Open Data Bill.
The Bill which had its first reading in Parliament on August 9 last, is expected to provide for the use and administration of public data in order to facilitate transparency, effective governance and innovation. According to the explanatory memorandum of the Bill signed by Prime Minister, Mark Phillips, Clause three of the Open Data Bill provides for the Act to be applicable to all public authorities/ agencies such as a minister or ministries, public boards, divisions and commissions. The same clause however, notes that the Act exempts the President, the commission of inquiry issued by the President, information obtained or created in the course of an investigation examination or audit conducted by or under the authority of the Auditor General until the investigation or audit and all related proceedings, if any are finally concluded.
Under the Act, the subject Minister, i.e. the Minister of Information also has the power to exempt a public person/authority from the application of the Open Data Act by order. Clause 4 provides the objects of the Act. Part Two of the Bill provides for the administration of data. Clause Five provides for the designation of the Data Officer and the responsibilities of that Officer under the Act. Clause Six imposes an obligation on public authorities to maintain a data registry in electronic form of the data assets created, collected, under the control or direction of, or maintained by that public authority.
Clause Seven imposes an obligation on public authorities to provide the Commissioner of Information with access to the public authority data register and information relating to its public data assets, at the Commissioner of Information request. Clause Eight imposes an obligation on public authorities to develop an open data plan in consultation with the Minister. Clause 9 imposes an obligation on public authorities to publish the public data assets maintained in their data register in an open format.
Clause 10 of the Bill imposes an obligation on public authorities to publish the public data assets maintained in their data register under an open licence. Clause 11 prohibits public authorities from publishing their non-public data assets; these include data that may not be available to the public for reasons of privacy, security or confidentiality.
Clause 12 of the Bill imposes obligation on public authorities to engage the public on use of public assets and encourage collaboration between the public authorities and the public.
Clause 13 empowers the Commissioner of Information to collaborate with the private sector entities with the approval of the Minister and conclude agreement and memoranda of understanding for the purpose of collecting private sector data assets and making them available to the public in open format. And Clause 14 empowers the Commissioner of Information to maintain a single public interface online as a point of entry for the purpose of making public data assets available to the public.
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